المساعد الشخصي الرقمي

مشاهدة النسخة كاملة : Contracts



هيثم الفقى
01-07-2018, 02:53 PM
I. Remedies The purpose -- to give compensation for the breach; to put the nonbreaching party where she would have been had the promise been performed. A. Expectation: Money damages necessary to put P in the position he would have been if the contract (https://www.amazon.com/Contracts-Haytham-Al-Fiqi/dp/1518673260/ref=la_B00EU8PTU4_1_5_twi_pap_2?s=books&ie=UTF8&qid=1515336527&sr=1-5)had been performed. Also known as “benefit of the bargain” damages. 1. This is the standard remedy for all contracts, except implied-in-law. 2. This is the standard remedy for promissory estoppel, and not reliance. B. Reliance Money damages necessary to put P in as good a position as she was in before the contract (https://www.amazon.com/Contracts-Haytham-Al-Fiqi/dp/1518673260/ref=la_B00EU8PTU4_1_5_twi_pap_2?s=books&ie=UTF8&qid=1515336527&sr=1-5)was made -- compensate for the cost of performance. 1. Court would often grant this remedy if expectation damages are difficult to quantify or impossible to measure accurately. e.g. [Hoffman v. Red Owl] 2. P is usually awarded the out-of-pocket costs incurred in the performance he has already rendered. 3. Not the primary remedy for promissory estoppel. C. Restitution Recover all costs plus unjust gains. D returns benefits gained to P. 1. Awarded when expectation damages are too uncertain to be awarded and when reliance damages may not be a fair measure of recovery for P. If P hasn’t himself breached the contract, restitution damages will be awarded when they are greater than reliance damages. 2. Awarded in implied-in-law contracts (because here there is no true bargain, so P cannot receive the “benefit of the bargain” in expectation damages). D. Specific performance A decree for specific performance orders the promisor to render the promised performance. 1. Compelled performance -rarely granted, but sometimes for land (unique). 2. Equitable relief: this is one of two types of equitable relief .
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